Opinion
No. 2009-09288.
June 7, 2011.
Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Hayes, J.), rendered September 14, 2009, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a controlled substance in the fifth degree. Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738), in which he moves for leave to withdraw as counsel for the appellant.
Bruce A. Petito, Poughkeepsie, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Before: Dillon, J.P., Covello, Balkin, Lott and Roman, JJ.
Ordered that the amended judgment is affirmed.
We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).